Daily Republican., 1887-05-23
FOURTH EDITION
Tho Non.suit Denied.

Tho Nonsuit Denied.
Superior Court resumed proceedings
1t 10 o'clock this morning, with Chief |
ustice Oomeays and Associate Judges |
Houston aud Paynter on the bench. |
The names Of the general and special
Jurors we're called and ell answered.
The Chief Justice rendered the decis.
Ion Of the Court on the motion for
non 4uit In the Clark Churohman case,
aud said Is 1t was thu opinion of the
Court that 1t should be decided by o
Jury, the non suit was denied.
william @. Spruanoe, Esq one Of
the counsel for the defendants In the
case of Joseph Ryan. vs. the Whining.
ton & Northern railroad company, Ask
ed that the special jurors summonded
to try the case be discharged until
Thursday morning, when Levi O. Bird,
Erq one OF tho attorneys for the plain.
tiff, said that as there are largo num-
Der Of witnesses, the majority Of whom
are railroad men, he thought 1t would
be we'll to let it:Ro over until Monday.
He thought the present case would
PROBABLY last two or three days, and
| th at Is there 10 another case which will
take ut least . day and . holt. . post.
,ponement until next Monday would
not In any way interfere with the busi-
ness Of the court.
The application WAS granted, the case
set for trial next Monday morning and
the Jurors and Witnesses discharged
until that time.
Anthony Higgins, Esq then opened
for the defendant In the case OF Philip
r. and Emma A. Clark vs.. Henry l..
lOhurchmAp, and concluded his address
to the jury at 11.06 O'Clock and then
Icomm snced the examination Of wit
uesses.
Henry L. Churchman, the defendsD,
In the case, WAS sworn and testified thai
he bought the place which he now occu
lples In 1859, and moved on 1t In 1850
He now has about go acres Of marsh
Hand, some Of which he reclaimed By
putting . new bank around 1t In 1861.
Il Next to the fast land the witness hal
CLARK has. The break in 1884 tool
. freshet In the creeks. Tho witness
!, was away from home ~ the time, ant
!. when he returned, three days later, hi
.. marsh land was flooded, and remainea
, SO for two weeks, killing nearly all hi
: land. The ground rem aimed so wet tina
it was impossible to NOW 1t until Ser
ttembsr, and when the grass WAS out
WAS 90 full OF mud that the only thin
THAT could be done with 1t was I
burn 1t.
ell After the ground WAS cleared, th
witness had 1t sowed In timothy, who
WAS done some time In OcJober. In
good year there WAS from . ton and
half to two tons of hay cut off an acr,
4 i 1t WAS about one month after the breA
In the bank before the breeoh We
closed by the dredging machine, an
Iduring that time the water ran In eyer
' ldsy.
The food In 1884 also caused tw
Ibreaks on tho Clark farm, and on Fol
yruary 10, 1885. they were again brok 6
down. The freshets In the White an
n Red CLAY creeks seem TO become wOrt
levery year, and this fact has cause
q depreciation OF ell marsh land alon
these streams. On February " the
was another freshet, but the only dan
age 1t done was to again focd the land
:, as the banks were already down. IT
!, iground belonging to the witness WI
b under water from February 40 unit
Maya.
Previous to this flood the wituees his
depended on the CLARK bank
q protec, hib property and when he Jour
n that 1t was not rebuilt he called ON M
a Higgins, April 2, 1885, to find out VII
h course he should pursue. Acting und
his Advioe, he employed the Americs
Dredg cling Company to build bank b
= tween him and Olark's. TO keep &
n water of.
b IfMrs. CLARK had rebuilt the bank
her place the witness would not hA
had any occasion to do this. The &C
of building the bank, including t
smoothing of, was about "a. 000
building the bank 1t became necessa
for the dredging machine to remove
part Of the old bank, to make Wal
course. The Clarks made no effort
d repair their b0nks until the dredge b
reached the fast land and shut the va
il Oft the witness.
+ He objected to Clark joining
bank, because 1t Is q well known 1,
that b bank which 10 shut of from
ebb and flow CT the tide Is worthle
Ia THE witness vas aware tom gene
" Ireport that there was q mortgage
d go ,008 on the CLARK property. In c
seq uenoe of this he never expected
Clark to put up the bank, and he
m to protect himself. Heknew there '
-lno use Of sueing Mr.. CLARK. as he '
mot worth anything, and he did
CONSIDER the Clark farm worth m
=. than SD, 900 before the break ocourI
II he was yonng man, a1d had
Experience which he now has, he wO
mot give one dollar m acre fer s
marsh lands, or account Of the trou
and expense of keeping up the ban
r. Ee denied that he had ever made 1
. effort TO get the property out of Clar
n hands, or that be had told Perdham
" had better move off the places.
Mr.. Nislda commenced the cross.
amination at 12.a6 O'Clock, and had
finished at O'Clock, when court too
Erecess until O'Clock this afternoon.